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Patent Applications Jurisdiction

McDermott Will & Emery

A Patent Without a Pulse: Provisional Rights Don’t Outlive the Patent

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal from a patent applicant seeking provisional rights on a patent that would issue only after it had already expired, finding that the applicant lacked the...more

Foley & Lardner LLP

European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

Foley & Lardner LLP on

As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. patent law becomes increasingly important. The U.S. market, being the largest for medical technologies,...more

Kohrman Jackson & Krantz LLP

When Are Pending Trademark Applications Subject to Court Review?

Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in...more

A&O Shearman

Discord about access to court file between UPC Court of First Instance Divisions

A&O Shearman on

Important decisions abound as the UPC navigates the still often unchartered waters of its Rules of Procedure (RoP). We recently discussed two orders by the Munich Division where third-party access requests based on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Declaratory Judgment Jurisdiction Over Skinny Label Applications: In re: Entresto (Sacubitril/Valsartan) Patent Litigation

On September 27, 2022, Judge Richard Andrews of the District of Delaware granted Novartis’s motion to dismiss declaratory judgment (“DJ”) counterclaims raised by two generic drug manufacturers in the ongoing litigation...more

Foley & Lardner LLP

Australia Appeal Decision Reverses Direction on AI Inventorship

Foley & Lardner LLP on

Over the past few years technology evangelist and inventor Stephen Thaler, together with the Artificial Inventor Project, has campaigned for patent law changes across jurisdictions to recognize artificial intelligence (AI) as...more

Knobbe Martens

When and Where to File Patent Applications

Knobbe Martens on

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Womble Bond Dickinson

What Patent Attorneys, Patent Agents and Law Firms Need to Know about Communications with Clients

Womble Bond Dickinson on

Originally published in IP Watchdog on February 22, 2018. Patent agents in the United States are authorized to practice in patent prosecution matters before the United States Patent and Trademark Office (“USPTO”). Such...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Smart & Biggar

RX IP Update - January 2017

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Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

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